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State ex rel L.A.

April 9, 2010

STATE OF NEW JERSEY IN THE INTEREST OF L.A., A JUVENILE.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FJ-20-2299-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 28, 2009

Before Judges Stern and Graves.

On May 17, 2007, when L.A. was seventeen years old, he was charged with juvenile delinquency for committing acts which, if committed by an adult, would have constituted first-degree armed robbery, in violation of N.J.S.A. 2C:15-1 (count one); third-degree unlawful possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of a handgun for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a) (count three). Following a four-day trial, the court entered an adjudication of delinquency on August 13, 2007. On September 4, 2007, the court sentenced L.A. to three concurrent three-year terms at the Jamesburg Training School for Boys.*fn1

On appeal, L.A. raises the following points for our consideration:

POINT I.

DEFENDANT'S MOTION TO SUPPRESS EVIDENCE SEIZED FROM THE APARTMENT SHOULD HAVE BEEN GRANTED.

POINT II.

A WADE HEARING SHOULD HAVE BEEN CONDUCTED BELOW IN LIGHT OF THE SUGGESTIVE OUT-OF-COURT IDENTIFICATION OF THE JUVENILE DEFENDANT BY THE ALLEGED VICTIM (PLAIN ERROR).

POINT III.

THE EVIDENCE AND FINDINGS WERE NOT SUFFICIENT TO SUSTAIN THE DELINQUENCY FINDING BELOW, ...


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